15-13-6
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of
bail. (a) When an indictment is filed in court charging the defendant with a bailable felony
and the defendant fails to give bail in open court, the judge of the court must forthwith
endorse on such indictment the amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has
authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction
of bail in any other manner provided by law. (Code 1852, §§608, 690; Code 1867, §§4831,
4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907,
§6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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15-13-5
Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged
by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no
case be less than $50.00. (b) If an indictment charges a misdemeanor and the defendant is
committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving
bail in the amount required. (Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876,
§§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330,
6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)...

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15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
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15-13-64
Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail
allowed. To exonerate the bail, the surrender of the defendant must be made to the sheriff
of the county in which the court is held, to which the defendant is bound to appear or to
which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may
discharge him on his giving new bail; otherwise, he must keep him in jail until discharged
by law. (Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896,
§4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199,
p. 230.)...
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15-7-20
Section 15-7-20 Discharge of defendant - By arresting officer. When the offense described in
an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff
or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance
at the next term of the court having jurisdiction of the offense to answer any indictment
which may be found against him therefor; and, if such court is in session, for his appearance
at such court. (Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275;
Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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